Alex Zdan / The Thes of TrentonExterior shot of Rowan Towers apartments on West State Street in Trenton, N.J., the site of the alleged gang rape.TRENTON — Forensic tests found no evidence of semen on the 7-year-old girl allegedly gang raped by five males at a city high rise in March, prosecutors said in a court document turned over to The Times yesterday.

Despite the child's assertions to police that three to four men held her down and raped her, after her stepsister sold her for sex, prosecutors say preliminary DNA reports "indicate no semen detected."

Defense attorney Robin Lord, who is representing one of the two adults charged in the case, says she's not surprised by the findings.

"Of course there's no semen because there was no rape," Lord said. "The whole story was fabricated."

Lord's client, Gregory Leary, 20, Timear Lewis, 19 and three juveniles ages 17, 14 and 13, are accused of raping the little girl at a party in a vacant apartment in the Rowan Towers on March 30.

According to police, the girl's 15-year-old stepsister admitted selling the child for sex. Police said defendants in the case gave statements implicating themselves and others.

Leary and Lewis were held on $500,000 and $250,000 bail respectively. Last month their attorney demanded prosecutors prove they have enough credible evidence to hold them.

In response, Assistant Prosecutor Jennifer Downing filed a May 28 brief outlining the facts of the state's case.

All of the defendants, adults and juveniles, implicate themselves and others by admitting to being in the apartment and either witnessing or participating in the assault, Downing said.

She said the state will not petition the court to have the juveniles tried as adults, as was previously expected. Furthermore, the state moved to have Lewis and Leary's bail reduced to $75,000.

Downing said the lack of semen will not cripple the state's case.

"While the defense has previously argued that the DNA results would (clearly settle) the issue of guilt, the state maintains that while DNA evidence would corroborate the offense, the lack of such evidence does not establish that the offense did not occur," Downing said.

Lord and defense attorney Kevin Main, who is representing the 17-year-old, disagree.

They say the statements given to police indicate that the assailants ejaculated on and in the victim.

"If you are to believe the version of events leaked by the Trenton Police Department to the press you would expect to find DNA," Main said. "There was no DNA, no semen. It calls the state's version into question."

"There's no semen, no tears, no physical evidence of a rape," Lord said. "It didn't happen."

Lord said the child made up the story because she was in trouble for running away from home with her older sister. Police coerced confessions and statements from the defendants, she said.

Trenton Police declined to comment last night. A spokeswoman for the prosecutor's office could not be reached last night.

Lord said she would request that her client be released immediately without posting bail.

"Why should he pay money to a bail bondsman when he's innocent," she said.

In her brief, Downing said the state had offered plea deals to the juveniles in exchange for their testimony against Lewis and Leary.

"If it's anything other than trespassing, I'm not interested in a deal," Main said. Main said within the next few days he will file a request for his client's release from juvenile detention.